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19 Cards in this Set

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CA Personal Jurisdiction
1) Statutorily allowed
2) Constitutional?
CA Personal Jurisdiction --
My Parents Frequently Forgot to Read Children's Stories
Minimum Contacts
--Purposeful Availment
--Foreseeability

Fair Play & Substantial Justice
--Relatedness
--Convenience
--State's Interest
CA Personal Jursidiction --
Statutory Analysis
Statute reaches the constitutional limit.
CA Personal Jurisdiction --
Constitutional Analysis
Such minimum contacts with the forum so that exercies of jurisdiction does not offend traditional notions of fair play and substantial justice.
Factors:
1)Contact -- purposeful availment, foreseeable
2) Fairness -- Relatedness, Convenience, State's Interest
CA Personal Jurisdiction -- Purposeful Availment
Defendant must reach out to the forum.
CA Personal Jurisdiction -- Forseeability
Foreseeabile that Defendant could get sued in this forum
CA Personal Jurisdiction -- Relatedness
Does Plaintiff's claim arise from Defendant's conduct with the forum?

YES --> Specific PJ
NO --> General PJ (continuous systematic ties with forum)
CA Personal Jurisdiction -- Covenience
Defendant put in a severe disadvantage in the litigation?
CA Personal Jurisdiction -- State's Interest
Providing forum for its citizens
CA Subject Matter -- Limited Civil Case
CA SUPERIOR

Amount in controversy does not exceed $25,000.

Court cannot: grant prelim injunction, declaratory judgment, determine title to land, limited discovery, special demurrer, NO CLAIMANT MAY CLAIM MORE THAN $25,000

***must label on caption page of complaint***

***STATE COURT HAS UNLIMITED JURISDICTION***
CA Subject Matter -- Unlimited Civil Case
Exceeds $25,000

any claimant can seek any amount

***STATE COURT HAS UNLIMITED JURISDICTION***

--no need to label on caption page--
CA Subject Matter -- Small Claims
Plaintiff an individual? Claim = $7,500 or less

Plaintiff an entity? Claim = $5,000 or less
CA Subject Matter -- Reclassification
Can be:
Automatic -- clerk does

On Motion - 1) notice to all parties 2) hearing
--no trial, can look beyond pleadings (MUST look at judicial arbitration award)
CA Subject Matter -- Reclassification Standards
Unlimited to Limited -->

-Necessarily resultant verdict of $25,000 OR more than $25,000 victory virtually unobtainable


Limited to Unlimited -->

--Possibiliity ov verdict will exceed $25,000
CA Subject Matter -- Effect of multiple claims
All or nothing
CA Venue -- non-businesses
Appropriate county

Local action --> land related = in the county where the land lies

Transitory --> venue OK in a county where any defendant resides when the case is filed, where K entered or be performed, where injury occurred

No defendant a resident of CA --> venue ok in any county in CA
CA Venue -- businesses
Corporation --
1) PPB OR
2) Entered OR to be performed OR
3) Where breach occurred/liability arises


Incorporated -- 1) PPB on file with SOS OR
2) where any partner/member resides
CA Venue -- transfer
If venue IMPROPER --> with or before 1) answer 2) demurrerr 3) motion to strike

If venue PROPER --> IF 1) possibility of impartial trial judge
2) no qualified judges
2) convenience of witnesses
CA Incovenient Forum
Court can STAY OR DISMISS motion; on its own

"in the interest of substantial justice"
--same factors as Federal court look to Private and Public Factors

--PUBLIC FACTORS: what law applies, what community should be burdened with jury service, keeping local controversy in local court

PRIVATE FACTORS: convenience (e.g., where are witnesses and evidence?)